ALLEGHENY DEFENSE PROJECT v. FERC

Attorney(s) appearing for the Case

Siobhan K. Cole , Philadelphia, PA, argued the cause for petitioners. With her on the joint briefs were Natalie B. Molz , Philadelphia, PA, Elizabeth F. Benson , and Benjamin A. Luckett.   Michael N. Onufrak and Derek O. Teaney , Lewisburg, WV, entered appearances.

Mark Sabath , Columbus, OH, Emily C. Wyche , Ariel Solaski , Jon A. Mueller , Washington, DC, Aaron Stemplewicz , John N. Moore , and Gillian R. Giannetti were on the brief for amici curiae Alliance for the Shenandoah Valley, et al., in support of petitioners.

Megan C. Gibson , Washington, DC, and David Bookbinder , Howell, NJ, were on the brief for amici curiae Affected Landowners in support of petitioners.

Brian E. Frosh , Attorney General, Office of the Attorney General for the State of Maryland, John B. Howard, Jr. , Special Assistant Attorney General, Kathleen Jennings , Attorney General, Office of the Attorney General for the State of Delaware, Kwame Raoul , Attorney General, Office of the Attorney General for the State of Illinois, Maura Healey , Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Dana Nessel , Attorney General, Office of the Attorney General for the State of Michigan, Keith Ellison , Attorney General, Office of the Attorney General for the State of Minnesota, Letitia James , Attorney General, Office of the Attorney General for the State of New York, Robert W. Ferguson , Attorney General, Office of the Attorney General for the State of Washington, Gurbir S. Grewal , Attorney General, Office of the Attorney General for the State of New Jersey, Ellen F. Rosenblum , Attorney General, Office of the Attorney General for the State of Oregon, Josh Shapiro , Attorney General, Office of the Attorney General for the Commonwealth of Pennsylvania, and Karl A. Racine , Attorney General, Office of the Attorney General for the District of Columbia, were on the brief for amici curiae the State of Maryland, et al., in support of petitioners.

Robert M. Kennedy , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were James P. Danly , General Counsel at the time the brief was filed, and Robert H. Solomon , Solicitor. Beth G. Pacella , Deputy Solicitor, Falls Church, VA, and Anand R. Viswanathan , Attorney, entered appearances.

John F. Stoviak , Philadelphia, PA, argued the cause for intervenors. With him on the joint brief were Elizabeth U. Witmer , Wayne, PA, Patrick F. Nugent , Philadelphia, PA, Kevin M. Sweeney , Washington, DC, Scott Borden Grover , Birmingham, AL, and Jesse Stuart Unkenholz , Birmingham, AL. Pamela S. Goodwin , Princeton, NJ, entered an appearance.

Jeremy C. Marwell and Matthew X. Etchemendy , Washington, DC, were on the brief for amicus curiae Interstate Natural Gas Association of America in support of respondent.

Catherine E. Stetson , Stefan M. Krantz , Washington, DC, A. Gregory Junge , and Sean Marotta , Washington, DC, were on the brief for amicus curiae TC Energy Corporation in support of respondent.

Megan E. Vetula , Brett K. White , Palo Alto, CA, Scott A. Keller , and Marcia Hook , Washington, DC, were on the brief for amicus curiae the Edison Electric Institute in support of respondent.

Opinion concurring in the judgment and dissenting in part filed by Circuit Judge Henderson.